1. THE CONCEPT OF CONSTITUTIONAL SOVEREIGNTY/SUPREMACY
Itimplies that the constitution is sovereign and supreme. Ithas become a
common feature of modern constitutions in commonwealth countries and the
United States of America. For example, Section 1(1) of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended) states thus: “This constitution
is supremeand its provisions shallhavebinding forceon all authorities and
persons throughoutthe Federal Republic of Nigeria.”1
In Section 1(3), it also stated that, “If any other law is inconsistent with the
provisions of this constitution shall prevail and that other law shall to the
extent of of the inconsistency be void...”2
In Section 14(2)(a), itstates that: It is
hereby accordingly declared that (a) sovereignty belongs to the people of
Nigeria from whomgovernmentthrough this constitution derives all its powers
and authority”.3
We are in agreement with an author of a text in constitutional law when he
opined that, “whenever there is supremacy of the constitution, the people are
supremeand their will which is the constitution is supremeand binding on all
authorities and persons”.4
Elaborating further, he said that it means that:
(1)The people are the sovereign entity and the final authority in the
country. The 1999 Constitution in Section 14(2) recognizes thepeople as
sovereign in Nigeria.
(2)The Constitution as made by the people is the supremelaw of the land
and it is superior to all other laws and legislation in the country.
(3)The powers of the parliament or legislature are defined and limited by
the constitution.
(4)The constitution overrides every other law, decision or conductand any
law or act contrary or violative of the provisions of the constitution is
null and void and of no effect whatsoever.
1 S. 1(1) 1999 Constitution
2 S. 1(3) 1999 Constitution
3 S. 14(2) 1999 Constitution
4 Ese Malemi, The Nigerian Constitutional Law,Princeton PublishingCo.2006 p. 49

2. (5)The Government has to submit itself for assessmentby the people at
general elections. The people , if satisfied, will review the mandate of
the governmentand let it remain or if dissatisfied, will withdraw its
mandate so that such governmentwill quit power.5
In A.G BENDEL STATE v. A.G FEDERATIONAND 22 OTHERS,6
the President
forwarded to the National Assembly a bill titled, ‘Revenue Federation Account
etc Bill 1980’, setting out new formula for the distribution of the amount
standing to the credit of the Federation Accountbetween the Federal and
State Governments and the Local Government Council in the country for
consideration and enactment by the National Assembly into law pursuantto
Section 149 of the 1979 Constitution.
The said Bill was irregularly passed into law and presented to the President
who asented to it and it became known as the Allocation of Revenue
(Federation Account) Act 1981. Dissatisfied with the mode and manner the
Natonal Assembly had exercised its legislative power in respectof the Bill, the
Governmentof Bendel State as plaintiff then challenged the constitutionality
of the Act vide an originating summons in the Supreme Courtinvoking its
jurisdiction under Section 212 of the 1979 Constitution. The SupremeCourt
held in favour of the plaintiff, inter alia that the said Act was null and void for
failure of the National Assembly to follow the prescibed legislative procedure
for passing it into law. A legislature which operates a written constitution in
which the exercise of legislative power and its limits are clearly set out has no
power to ignore the conditions of law making that are imposed by the
constitution which itself regulates the power of the legislature to make law.
Under the 1960 Constitution, the court in DOHERTY v. BALEWA7
held that a
federal legislation is null and void and ultra vires becauseit purported to limit
the jurisdiction of courts in hearing and determining civil rights and also for
empowering a Commission of Inquiry appointed by the PrimeMinister to
impose the penalties of fine and imprisonmentcomtrary to the provisions of
the constitution.
5 ibid
6 (1981) All N.L.R 85 SC
7 (1963) 1 WLR 949

3. Similarly, under the 1979 Constitution in TONY MOMOH v. SENATE OF THE
NATIONAL ASSEMBLY& ORS,8
the courtdeclared Section 31 of the Legislative
(Powers and Privileges) Act, 1958 which provides that processes cannotbe
served within the legislative chambers or its precincts while the legislature is in
session as void as being inconsistent with Section 42 of the 1979 Constitution.
In IMONIKHEv. A.G BENDEL STATE, Nnaemeka-Agu JSC said that, “A
constitution is the organic law, a systemor body fundamental principles
according to which a nation, a state, or body or organisation is constituted and
governed”.9
In UTIH v. ONOYIWE, theSupremeCourt held that it is the duty of all courts to
give effect to the constitution and parties to a suit cannot by consent or
acquiescence or failure to object, nullify the effect of a constitution.10
Also in
KALU v. ODILI, KayodeEso JSCstated that “it is both a fundamentaland
elementary principle of our laws that the constitution is the basic law of the
land. Itis the supreme law and its provisions havebinding force on all
authorities, institutions and persons throughoutthe country. All other laws
derive their force and authority fromthe constitution.11
8 (1981) N.C.L.R 21
9 (1992) 6 NWLR (Pt. 248) p. 396 at p. 411 SC
10 (1991) 1 NWLR (Pt. 166) SC
11 (1992) 5 NWLR (Pt. 240) p. 130 at p.188 SC